Is there a difference between a DUI and a DWI in New Jersey?

In New Jersey, DUI and DWI mean the same thing and are used interchangeably. Both refer to the offense of operating a motor vehicle while under the influence of alcohol, drugs, or a combination of both. Regardless of the terminology used, the penalties and legal consequences are the same under New Jersey law.

Will I lose my driver’s license if I am convicted of a DUI in New Jersey?

A DUI conviction can result in a driver’s license suspension or restrictions, depending on your BAC level and whether it is a first or subsequent offense. In many first-time cases, driving privileges are suspended until an ignition interlock device is installed, followed by a mandatory period of interlock use. Higher BAC levels and repeat offenses carry longer suspensions and additional restrictions.

Do I have the right to a jury trial for a DUI charge in New Jersey?

No. Individuals charged with DUI or DWI in New Jersey do not have the right to a jury trial. These cases are decided by a judge in municipal court. Because of this, having an experienced DWI attorney in Hamilton, NJ, to present evidence, challenge the prosecution’s case, and advocate on your behalf is especially important.

What happens if I refuse a breath test during a DUI stop?

Refusing to submit to a breath test using the Alcotest machine is a separate offense in New Jersey. A refusal charge can result in additional penalties, including license suspension and ignition interlock requirements, even if you are not ultimately convicted of DUI. A skilled DUI lawyer can evaluate whether the officer lawfully requested the test and whether the refusal charge can be challenged.

Can a DUI charge be defended or reduced in New Jersey?

Yes. While DUI penalties are largely set by statute, there may be defenses available depending on the facts of your case. These can include challenging the legality of the traffic stop, the accuracy of breath or field sobriety tests, constitutional violations, or problems with the evidence. An experienced New Jersey DUI attorney can review your case and pursue every available strategy to minimize the impact on your life.

Robbinsville DWI Attorney | DUI Defense Lawyer Hamilton, NJ

Knowledgeable DWI Attorney in Hamilton, NJ, Ready to Protect Your Rights

New Jersey laws governing driving while intoxicated by alcohol or drugs are purposefully strict in order to deter these actions, making it critical to contact an experienced New Jersey DUI lawyer if you have been arrested for this type of offense. Conviction for a DWI (also known as a DUI, but they are the same thing) offense in New Jersey, whether it is a first or subsequent offense, can have far-reaching implications in your life, significantly impacting your finances, your ability to work, and your freedom of movement.

Let us help. At The Scardella Law Firm LLC, our DUI/DWI lawyers have successfully defended hundreds of clients who were arrested under suspicion of driving under the influence of alcohol or drugs.

Facing Criminal Charges? We Can Help.

When your rights, freedom, and future are at risk, you need a strong defense. Lauren Scardella fights aggressively for her clients at every stage of the legal process. Contact us today to schedule your free consultation.

Experienced New Jersey DUI Lawyer Ready to Build a Strategic Defense Against Drunk Driving Charges

In New Jersey, DUI (also referred to as DWI) penalties vary based on a driver’s blood alcohol concentration (BAC) at the time of arrest and whether the individual has prior DUI/DWI convictions. Certain drivers, including commercial license holders, are subject to lower BAC thresholds and additional consequences.

Because the penalties can be severe and long-lasting, it is critical to understand what is at stake and to consult with an experienced New Jersey DUI attorney as early as possible.

DUI Penalties in New Jersey: First Offense and Beyond

Whether it's your first brush with the law or a repeat offense, our New Jersey DUI lawyer can help you explore avenues for the most effective defense possible, with the goal of minimizing the consequences of a drunk or drugged driving charge on your life.

First-Time DUI Offense with a BAC of 0.08% to Less Than 0.10%

If this is your first DUI offense and your BAC falls between 0.08% and less than 0.10%, New Jersey law provides for the following penalties:

Fines: $250 to $400
Jail Time: Up to 30 days
Driver’s License Suspension: License suspension until an ignition interlock device (IID) is installed
Ignition Interlock Requirement: Mandatory use of an IID for three (3) months following installation
Intoxicated Driver Resource Center (IDRC): Mandatory participation for 12 to 48 hours, typically over at least two days
Insurance Surcharge: $1,000 per year for three years, imposed by the New Jersey Motor Vehicle Commission

First-Time DUI Offense with a BAC of 0.10% to Less Than 0.15%

For first-time offenders with a BAC between 0.10% and less than 0.15%, penalties increase and may include:

Fines: $300 to $500
Jail Time: Up to 30 days
Driver’s License Suspension: License suspension until an ignition interlock device is installed
Ignition Interlock Requirement: Mandatory IID use for seven (7) to twelve (12) months
IDRC Participation: 12 to 48 hours
Insurance Surcharge: $1,000 per year for three years

First-Time DUI Offense with a BAC of 0.15% or Higher

When a first-time DUI offense involves a BAC of 0.15% or greater, New Jersey law mandates more significant penalties, including:

Fines: $300 to $500
Jail Time: Up to 30 days
Driver’s License Suspension: Four (4) to six (6) months
Ignition Interlock Requirement:
- Mandatory IID installation during the suspension period, and
- Continued IID use for twelve (12) to fifteen (15) months after driving privileges are restored
IDRC Participation: 12 to 48 hours
Insurance Surcharge: $1,000 per year for three years

Increased Penalties for Repeat DUI Offenses

Penalties for second and third DUI offenses increase substantially. They may include longer license suspensions, mandatory jail time, extended ignition interlock requirements, and additional financial consequences. Having a DWI attorney in Hamilton, NJ, is particularly important if you're facing these enhanced, and harsh, penalties.

Marijuana DUI and Drug-Related DUI Charges in New Jersey

New Jersey law prohibits operating a motor vehicle while under the influence of alcohol, marijuana, or any other intoxicating drug. Unlike alcohol-related DUIs, New Jersey does not establish a specific legal limit for THC or other controlled substances. Instead, prosecutors must prove impairment based on observational evidence, field sobriety testing, expert testimony, or toxicology results.

Because drug-related DUI cases often rely heavily on subjective observations, these charges may present opportunities for a skilled defense attorney to challenge the evidence, the traffic stop, or the methods used to assess impairment.

As a DWI Attorney in Hamilton, NJ, The Scardella Law Firm LLC Thinks Outside the Box in Defending Clients Charged With DUI

Until recently, in New Jersey, the prosecution was generally not permitted to negotiate to reduce the charges or penalties for a DUI or DWI, which were mandated by the state, in a DUI plea deal. Individuals accused of DUI also do not have the right to a trial by jury in New Jersey, which makes it especially critical to have a qualified DWI/DUI defense attorney to advocate on your behalf. At The Scardella Law Firm LLC, our years of experience have taught us that there may be creative defenses available to our clients that we will utilize to the fullest extent.

Possible defenses to a DWI charge include:

The DUI traffic stop was inappropriate, meaning that the law enforcement officers had no reason to pull you over
The breath test was inaccurate, possibly because the Alcotest machine was improperly maintained, or because of a medical issue
The field testing for sobriety was ineffective, which will require an evaluation of any sobriety tests that you were required to complete before the arrest
Problems with the chain of evidence or discovery process exist
Constitutional violations of your legal rights during a DUI arrest, a search, or an interrogation occurred
No valid probable cause for arrest existed

During a traffic stop, law enforcement officials will pay close attention to an individual’s behavior in order to evaluate the driver’s sobriety– even if suspected intoxication was not the initial motivation for the stop. While the police officer must have probable cause to suspect intoxication or drug use to order a field sobriety test, it is important to remember that it is an offense in and of itself to refuse breath testing using the Alcotest machine. If the officer ordered a breath test and you refused, the prosecutor can add this charge to the DWI charge.

Our Skilled New Jersey DUI Lawyer Handles All Aspects of Drunk Driving and Drugged Driving Charges

At The Scardella Law Firm LLC, our DWI attorney in Hamilton, NJ, handles all aspects of DUI/DWI charges, including the following:

Contact Our New Jersey DUI Lawyer for Your Free Consultation

Our firm offers a free 15-minute telephone consultation, giving every DUI defendant in New Jersey an opportunity to understand their legal rights and plan their next steps with the benefit of professional guidance. To discuss your case with our New Jersey DUI lawyer, contact The Scardella Law Firm LLC today to schedule your case evaluation.